Western appeal. [volume] (Saint Paul, Minn.) 1885-18??, 1887-12-03

Department had withdrawn from public appro-
priation not only the granted limits as required
by law, but also the lands within the indem-
nifty limits Of The request Of the grantee
companies. The enormous quantities Of the
public land were held In reservation to
await the convenience OF the respective COR
portations IN the construction OF their roads,
the selection OF It's lands and the uncertain adj
iustments of the grants by the department..
! did not for moment mean to ques-
ton the wisdom OF aiding in the con-
struction Of railroads. That policy was at the
time q wise one, but in the light of ex-
perience it may well be asked whether it
would not have been wiser to have aided
these great enterprises otherwise than by
grants Of the public domain.
This land grant legislation was certainly not in
harmony with the theory OF a distribution Of
the public DOMAIN among the people, and gave
up to capitalists as o basis OF traffic and specu-
by the original policy OF the Government de-
signed for homes for an Industrious and thrifty
people, the abodes OF domestic happiness ana
virtue and patriotism.
Notwithstanding these indemnity withdraw
ais were made exclusively for the interests OF
the company, few OF these, If any Of them, con-
structed their roads within the time prescribed
In the granting act as an express condition on
which the grant was made. Maps of probable
general designated and definite routes
OF said road were fled with rapidlty in the de-
partment, and Withdrawals hereunder asked
and almost invariably granted, until the public
land, States and Territories were gridironed
over with railroad, granted and indemnity lin
Its; and in many Instances the limits OF one
road overlapping and conflicting with other
roads in the most bewildering manner so that
the settler seeking a home could scarcely find
desirable location that was not
claimed by some one, or perhaps two or
three. OF the many roads to which
grants OF land had been made by Con-
gress. Nor was this all. Though the desired
tract may not be apparently covered by rail-
road location, the settler would hardly select it
before agents of the corporations would set up
claim to it, or to the right to occupy and
denude it under the right of way and con-
struction privileges conferred by the grant
ing act. This the settler, ignorant OF his
legal rights, and with no one to advise him
With respect to either the law or the facts.
would for the sake OF peace and home read.
lily consent to purchase from the company In
this way these corporations, in addition to the
lands granted to them, have claimed, sold
and eceived the price Of a great deal OF other
land to which they had neither legal
nor moral right, nor the shadow OF either.
Years have elapsed since many of the
grants have been made and other years since
the Withdrawals. Some of the companies
others fragmentary portions only, and others,
again, none at all; but the Withdrawals
OF the lands were no less effective as
barrier against the settlers in the
one case than In the other. 1t mat
tered not what might be his equities acquired
by years of toll upon what he believed to be
part OF the National domain. 1t was declared
by the highest judicial tribunal, as expounded
by the highest law officers OF the Executive,
that withdrawal once made by competent au-
thority was legal and effective to exclude all
from intrusion within its limits
But law was passed on March 8, 1887,
whereby the Secretary OF the Interior was sdi-
rected to immediately adjust each of the rail-
road land grants made by Congress to aid in the
construction Of railroads. With an earnest de-
sire to obey the mandate of Congress, to give to
the corporations their every right under the
laws, and at the same time follow the directions
given by you to see that ample protection
should be extended to settlers and those seeking
to make settlement on the public lands "a mat
ter which has been so long and soutterly over.
shadowed), I entered upon most care.
full consideration of the whole subject OF
the history and law relating to land
grants, and concluded that If the department
was clothed with authority to make indemnity
Withdrawals, as had been done in so MANY in
stances, the exercise of that authority was a
matter entirely within sound discretion, and not
matter OF legal obligation in any respect; that
the same sound discretion which, in the in
terest of the companies, justified said with
drawals, now demanded peremptorily in the
public interest speedy revocation of the
same; and that the most effective way of ex-
pediting an adjustment OF the land grants, and
doing exact justice to the companies, guarding
and promoting the interests of the settlers
Also was to permit the public to enter into
competition with the companies in the selec-
ton OF lands heretofore withdrawn for indem-
nifty purposes.
Accordingly, on May O. 1887, with your ap,
proval, rules were laid On the different com
panies for whose benefit withdrawals had been
made to show cause by certain day why said
Withdrawals should mot be revoked. Some Of the
companies failed to showcase; others filed an
sWers asserting to the revocation, as they had
received satisfaction OF the grant either in full
or as far as possl bile; others assented on condi-
ton that lands covered BY selections already
made should be excepted from the order OF re-
order OF revocation as Illegal and a violation OF
chartered rights. Institutions were issued to
the Commissioner OF The General Land Office
to detail the force in his Office to the work
OF adjusting the road grants, max
ing said work special and proceed
ing as rapidly as possible with the same,
to the end that companies should be fully pro-
tected In their just claims and have certified to
them all the land they were entitled to speedily
and without delay; and the residue OF public
lands, disembarrassed OF corporate claims and
pretensions, become free for the use and quiet
enjoyment OF settlers. The amount of land
restored to the public domain through the or
ders revolving the indemnity with drawn is stat
ed by the Commissioner OF the General Land
Office to be q. 1913 COO acres 2
- x>~n g r.